Search: Affective Justice: Book Symposium: A Response

[Beth Van Schaack is the Leah Kaplan Visiting Professor of Human Rights at Stanford Law School and Faculty Affiliate at the Handa Center for Human Rights & International Justice at Stanford University. Prior to returning to academia, she served as Deputy to the Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice of the U.S. Department of State.] Until very recently, the Trump Administration had been largely silent on international criminal justice issues and the imperative of accountability for grave international crimes. As such, and given how...

these processes together, as I do in Chapter 3 and more generally in the book, is crucial to understanding the role of law in this occupation, and indeed in occupations in general. I am grateful to Opinio Juris for devoting a symposium to the book. Its 2012 symposium dealing with the functional approach, which opened with a post where I outlined it, was an important milestone on the way to the book and it is exciting that, in a way, we have now come full circle. I am thankful to...

The choice of book reviewer might be surprising but the result, unfortunately, is not. Yoo reviews two books: David Scheffer’s memoir All the Missing Souls and William Shawcross’ Justice and the Enemy. Scheffer’s book details his time working on war crimes issues, ultimately as the Ambassador at Large on War Crimes, in President Clinton’s State Department. (Disclosure: we hope to have Scheffer guest blog with us sometimes in the next couple of months about his book.) Shawcross’s book, as Yoo describes it, “asks whether diplomats and specialists in international affairs,...

Court of Justice and Human Rights with criminal jurisdiction and immunities for heads of state and senior officials. In the end, there is a distinct possibility that the Central African court will join the ranks of most other African hybrid ventures, which remain in the realm of promising but unfulfilled ideas. If this happens, it might well be time to ask whether hybrid justice on the continent resembles something of an African mirage… as one approaches and strains for a closer look, the prospect of justice recedes on the horizon....

...manner, we can open our analysis to all kinds of relationships between possible rights-holders and possible duty-bearers in a variety of settings, and make novel propositions which – if grounded convincingly – could help progressively develop international human rights law. This blog symposium was convened with the goal to do precisely that: to contribute to the debate on extraterritoriality in human rights law by zooming in on the theoretical and conceptual foundations for the existence of human rights relationships (in the extraterritorial context). The added value of this symposium is...

are we to teach? How? Do we need a textbook? If so, what for? What is the role of the teacher? These are some of the self-reflexive questions that any good teacher should periodically ask herself. Stolk’s insightful observations nicely complement Bernardino’s epistemological points and witty remarks. To look at textbooks as ‘engines of socio-mental control’ and to expose the micropolitics of textbook writing is a much-needed revelation of an invisible frame which is conspicuously before our eyes and yet few can see. No textbook can be neutral and offer...

the profession in the textbook itself. Being a textbook author is akin to the anti-thesis of being subversive, young, and cool. Which, of course, underscores Bernardino’s point: the boringness of the textbook should not fool us into thinking that it is uncontestable, on the contrary. But this leaves us with questions such as: Are the hegemonic characteristics of a textbook inherent to the format? And would that mean that, as soon as a textbook becomes subversive and original, it would no longer function as a textbook?  Alexandra: Seems like it...

[Molly Land is Professor of Law at the University of Connecticut School of Law] I’m delighted to be able to take part in this online symposium dedicated to Anupam Chander’s new book, The Electronic Silk Road: How the Web Binds the World Together in Commerce. Chander’s book masterfully brings together a set of debates about technology, privacy, and human rights to consider the pitfalls and promise of regulating Internet trade. In an accessible and engaging way, Chander reorients our thinking about the Internet by locating it firmly in the trajectory...

[Pierre-Hugues Verdier is an Associate Professor of Law at the University of Virginia School of Law] Katerina Linos’s new book, The Democratic Foundations of Policy Diffusion, is one of the most important contributions to arise from the recent turn to empirical scholarship in international law and international relations. Instead of following a deductive path from broad theoretical assumptions, the book carefully combines survey evidence, cross-country regression analysis and case studies to paint a coherent picture of policy diffusion through democracy in the fields of health and family policy. Yet, this...

foreign-relations decision-making outside the courts. Throughout the book, but especially in the war powers chapter, the book describes international legal issues that arise within the executive branch and that are addressed by Congress, rather than focusing just on cases and courts. Nevertheless, the book as a whole is framed around domestic constitutional structures (rather than international law) and trains much of its attention on courts. Finally, I would like to take even more liberties with my assigned chapter and focus on one aspect of the book’s conclusion. The last paragraph...

complicated issue empirically in a new project with Kim Twist. One way to simplify the issue somewhat is to read the references to foreign law in both Roper and Lawrence as Justice Kennedy’s efforts to persuade the American public about the wisdom of his conclusions, conclusions that some segment of the American public would have otherwise found very controversial. This reading might suggest that both Justices and politicians are using foreign law in similar ways. I discuss this issue further in my piece “Legislative Borrowing.” Roger Alford also invited me...

I of the Research Handbook, and this important chapter will hopefully feature in the next edition of the Handbook. Indeed, whereas some environmental aspects are covered in the chapter on the common heritage of mankind, a separate chapter on environmental axiology will make Part I even more comprehensive and inclusive.  Conclusion As this book review symposium is taking place, a devastating war of aggression is raging in Europe, and its humanitarian, political, economic and other effects are felt throughout the world. Alas, events like these make books like ours both...